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REGULATION FOR THE SHIPMENT OF COLONISTS.
Resolved by the Governor of Macao:
Whereas it is necessary to adopt, in the regulations with respect to Chinese emigration from the Port of Macao, some of the provisions that have been enacted by the authorities at Canton, to the end that in this Colony there be followed a system as nearly as possible similar to that which the said authorities have deemed proper for the purpose of securing the liberty and good treatment of the emigrants. Having heard the Council of Government I have seen fit to determine as follows:-
I. The office is created of Superintendent of Chinese emigration, who shall be nominated by the Governor, and who shall be responsible to him for the execution of the regulations and other matters concerning the exportation of Chinese labourers engaged to emigrate to foreign countries.
II. The Superintendent of Chinese emigration shall draw a fixed salary from the Government and shall not receive any emolument depending upon the greater or less number of Chinese colonists embarking at Macao.
III. The Superintendent shall have under his orders an interpreter of Chinese, paid like himself by the Government, and who also shall receive no other fees.
IV. The Superintendent shall be present at the examinations held at the Procurador's office in conformity with the Regulation of June 5th 1856, and shall sign the contracts in the same manner as is done by the Procurador.
V. Both the Superintendent and the Procurador shall keep a register, in which they shall enter the names of all Chinese coming before them to emigrate,
VI. In this Register, in addition to the name, shall be entered, the age, native place, employment, and condition of the Chinese proposing to emigrate.
VII. On Chinese presenting themselves when about to emigrate, there shall be given to them a copy of the contract, and they shall be registered in the form laid down in the preceding article; and all explanations shall be made to them with reference to the contract offered to them, but they shall not be allowed to sign until the expiry of at least six days after registration.
VIII. During the time between the registration and the signing of the contract, the Chinese registered shall be allowed to return to their homes or villages, or to reside in the depôts, which they shall be allowed to enter and leave whenever they please (during the day) without any right on the part of the Emigration Agent to detain them or to require them to pay for their maintenance, clothing, travelling expenses, or any other outlay prior to their signing their contract.
IX. If the colonist presents himself on the expiry of the six days specified in article 7, and states that he decidedly wishes to engage himself, the contract shall again be read and explained to him, and he shall then sign it, as well as the Superintendent and the Procurador with two witnesses.
X. On the contract being signed, there shall be paid to the Colonists the gratuity or advance made to them by the agent, and they shall be sent on board the vessel that is to carry them to their destination.
XI. The amount of gratuity or advance received by the Colonist must be noted in the contract, and delivered to him in presence of the Superintendent.
XII. No Chinese below the age of 25 shall be allowed to sign the contract unless he has obtained the consent of his parents if they are still living.
XIII. After having signed the contract, the Colonist is bound to fulfil the same, or, in case of change of mind, to repay the expenses lawfully incurred by the agent, in conformity with Article 16 of the Regulation of the 5th June 1856,
XIV. The advance paid to the Colonist and clothing given him shall be considered part of the lawful expenses he shall be called upon to pay if he refuses to sail after signing the contract.
XV. The contracts which emigration Agents propose to enter into with Colonists must be previously laid before the Superintendent of Emigration, who will examine them and approve them if they are just and equitable, admitting no condition that may be injurious to the Colonists.
SECTION 1.-The contracts shall not be for a longer period than eight years.
SECTION 2.-Colonists shall not be allowed to renounce the benefit of the legislation in the Countries which they are engaged.
SECTION 3.-On the expiry of the period of eight years, Colonists shall be free to dispose of their own services, no debt they may have contracted being allowed to serve as a pretext for prolonging the time of their engagement. Such debts must be recovered by process of law.
SECTION 4.-Contracts shall be written in Chinese and in the language of the country to which the Colonist is emigrating.
SECTION 5.-Foreigners engaging Colonists shall bind themselves to afford them every means for communicating with their families in China, and for remitting to them such monies as they may wish and be able to send.
XVI. Certain days shall be appointed by the Superintendent, in concert with the Procurador, for the appearance of intending emigrants at the latter's office, as also for the signature of the contracts.
XVII. Chinese wishing to emigrate shall present themselves at the Procurador's office to be registered, both by the Procurador and by the Superintendent of Emigration, who will note in their respective books the depôt to which the Colonist is going until he signs the contract, and, in case he returns to his own home, the name of the Agent with whom he proposes engaging himself. In thus appearing, the Colonists must go unaccompanied by the employés of the depôts and by the brokers.
XVIII. There shall be affixed in the depôts, both on the outside of the doors, and in different parts of the interior, the contracts and regulations of the establishment, both in Chinese and Portuguese.
XIX. The internal regulations of the depôts shall be submitted to the approval of the Superintendent of Emigration.
XX. The depôts shall be open from 8 A.M. until 4 P.M. in order that all the relatives and friends of the Colonists who choose to visit them may enter.
XXI. The Superintendent of Emigration shall visit the depôts and vessels of the Colonists from time to time, and shall muster the Colonists in order to prevent any from embarking unless they have signed the Contract, as provided in Article 9.
XXII. It shall be the duty of the Superintendent to watch over the execution of the regulation and to obviate any abuses that might occur, and in any case of infringement he shall proceed against the guilty party, accusing him before the Procurador if the delinquent is a Chinese, and notifying to the Deputy Procurador of the Crown and Revenue whenever the individual should be dealt with by judicial power, to the end that the functionary in question may take proceedings in conformity with the law.
XXIII. All provisions of the Regulation of June 5, 1856, which are not affected by the present Order shall remain in force.
SECTION 1.-The prohibition against the sailing of vessel with Colonists in the contrary monsoon remains also in force, as well as the other provisions of the Orders of March 31 and August 4, 1857.
SECTION 2.-It remains prohibited for Portuguese to go to any part of the Chinese territory in order to engage Emigrants, as well as for Portuguese vessels to transport them to Macao or from one part of China to another.
XXIV. Persons contravening the provisions of this Order shall be liable to the penalties of articles 328 et seq. of the Portuguese Penal Code. The authorities to whom appertains the cognizance and execution thereof shall attend to the fulfilment of the same.
ISIDORO FRANCISCO GUIMARAES
MACAO, April 30, 1860,
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